The District of West Vancouver is suing three men for allegedly cutting down trees in a public park to boost the value of a neighbouring property.
According to documents filed in North Vancouver provincial court, Peter Moffat, David Moffat and Caceres Lopez cut down four mature trees and a shrub in Larson Bay Park on Gleneagles Drive in July 2018.
The park backs onto a private residence that belonged to the Moffats’ mother Nancy. According to the district’s notice of claim, the men “cut a pathway from the property through the park down to the water.”
The trees, three Western red cedars and a big-leaf maple, ranged from 17 to 24 metres in height, according to the district.
“Prior to the defendants cutting down the trees or ordering that the trees be cut down, the trees were alive and healthy. The district did not authorize or consent to the cutting down of the trees,” the claim states. “The defendants knew or should have known that the trees were in the park and not on the property. The defendants knew or should have known that the district opposed the cutting down of the trees.”
The district accuses the three men of cutting the trees to improve the property, which they intended to sell. David and Peter were the executors of their mother’s estate, the claim notes, and the property sold on December 2018, for $2.85 million.
The district is seeking $27,740 to cover the loss and/or replacement of the trees and shrub plus $7,260 in aggravated, exemplary and punitive damages.
The Moffats and Lopez, however, are disputing the district’s claim in a response filed in court last week.
“We performed maintenance work on a neglected portion of Larson Bay Park. We disagree any damages were caused,” the reply stated.
The case has not yet gone to court.
